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SEVERY v. BOARD OF PAROLE

CA A67293 (Control), A67001; SC S40232.

864 P.2d 368 (1993)

318 Or. 172

Don SEVERY, Petitioner on Review, v. BOARD OF PAROLE, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided December 23, 1993.

Attorney(s) appearing for the Case

Dan C. Maloney, Deputy Public Defender, Salem, argued the cause, for petitioner on review. The petition was filed by Sally L. Avera, Public Defender, and Lawrence J. Hall, Deputy Public Defender, Salem.

Harrison Latto, Asst. Atty. Gen., Salem, argued the cause and filed the response, for respondent on review. With him on the response were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

GILLETTE, Justice.

The issue in this case is whether, under the law in effect in 1984, the Board of Parole had the authority to "unsum" consecutive sentences for aggravated murder, i.e., treat the sentences as concurrent rather than consecutive, in setting a parole review date. The Board concluded that it did not have such authority, and the Court of Appeals agreed. Severy v. Board of Parole, 118 Or.App. 585,

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